Community Development Department Electronic Game Promotion Establishments (Internet Cafes) Planning and Land Development Regulation Board Public Hearing April 18, 2012

Community Development Department Internet Cafes Background 1-year moratorium expires on May 4, 2012 Options for City Action Included: –No Action (No change in regulations), or –Ban Operations (Ordinance would likely be challenged) –Regulate business operation and standards

Community Development Department Internet Cafes Background Direction from previous City Council Workshops –Control Location, Development Standards in Land Development Code Regulations –Business Operation (including safety, background checks) - Code of Ordinance Amendment

Community Development Department Internet Cafes Current Status 9 Establishments 8 are in COM-2, 1 in COM-1 Classified as “Retail” use and allowed in all Commercial zoning districts and Master Planned Development (MPD)

Community Development Department Internet Cafes-Background - Non-conforming with proposed regulations. *Incidents include: Abandoned Vehicle, Alarm-Commercial Burglar, Disturbance (Verbal or Physical), Indecent Exposure, Intoxication, Suspicious Vehicle, Person, or Incident. NameAddress # of terminals Operating Hours (Generally) Sheriff’s Incident Report* Zoning Within 1000’ of following : School Public ParkChurch EZ Café 1755 Palm Harbor Parkway Unit A24 10 a.m. to 12 a.m. 2COM Palm Coast Internet Café160 Cypress Point Pkwy a.m. to 12 a.m.0COM-2 - Lucky Day Sweepstakes108 Flagler Plaza75 10 a.m. to 11 p.m. 1COM-2 -- Neptune Internet Sweepstakes 1499 Palm Coast Pkwy NW, Suite C30 0COM-2 - Thunderbird Internet Café (Winn Dixie Shopping Center) 1274 Palm Coast Parkway SW40 10 a.m. to 12 or 2 a.m. 2 COM-2 - Copacabana Internet Café 1000 Palm Coast Parkway SW Unit COM-2 - Sunny Day Internet Café 15 Cypress Branch Way Suite to 12 or 2 a.m. 0COM-2 - Allied Veterans of the World50 Plaza Drive Suite hours1COM The Lucky Palm 300 Palm Coast Parkway Suite p.m. to 10 p.m.0COM-2 ---

Community Development Department Internet Cafes - Background Code of Ordinance Amendment Highlights of Code of Ordinance Amendments –Definitions “Electronic Game Promotions” a sweepstakes or other game promotion which utilizes Electronic Equipment … in connection with the sale of a consumer product or service. “Electronic Equipment” electronic device … used or adapted for use to conduct, or reveal the results of, a drawing by chance conducted in connection with the sale of a consumer product or service … that displays results by simulating a game or games ordinarily played on a slot machine or other similar games of chance.

Community Development Department Internet Cafes - Background Code of Ordinance Amendment Highlights of Code of Ordinance Amendments –De Minimis Activity Establishment (Exemption from Regulations): operated by an organization exempt from federal taxation under Section 501 (c) of the Internal Revenue Code, and with five (5) or fewer electronic or mechanical devices

Community Development Department Internet Cafes - Background Code of Ordinance Amendment Highlights of Code of Ordinance Amendments –Limit number in City (9) –Operation requires Certificate of Use Background Check of Operators Software test Verification of compliance with distance separation (in LDC)

Community Development Department Internet Cafes - Background Code of Ordinance Amendment Certificate of Use Denied For Following: Operator convicted or plead no contest within five (5) years of application to a: –Felony under Florida Law, –Misdemeanor involving fraud, and –Misdemeanor involving exploitation of vulnerable adult (defined by statutes), –Permit revoked under this ordinance within previous three (3) years, –Application materials are incomplete or untruthful Operator may appeal

Community Development Department Internet Cafes - Background Code of Ordinance Amendment No Transfer of Certificate of Use Declaration of Public Nuisance May be declared public nuisance if site is used on more than two occasions (founded complaint) within a 6-month period: –Assault, burglary, theft, robbery by sudden snatching, distribution of controlled substances & money laundering. –“Founded Complaint” – Review of facts shows preponderance of evidence that a crime has occurred.

Community Development Department Internet Cafes - Background Code of Ordinance Amendment Inspection of Premises Signage Requirements Interior Signs –Certificate of Use –Rules for electronic game promotions (rules, prize tables, odds) –“State and local law prohibits … requiring entry fee … No donation or contribution required. …You may obtain free entries upon request …”

Community Development Department Internet Cafes - Background Code of Ordinance Amendment Limitations on Operation of Business –No sale, serving, or consumption of alcohol, –No one under 18 permitted, –No purchase required to enter electronic sweepstakes, –Limitation on number of equipment (100), –No increase in number of equipment, –Hours of operation (10 a.m. to 2 a.m., 7 days a week).

Community Development Department Internet Cafes - Background Code of Ordinance Amendment Safety and Security Requirements Security camera system, Drop safe, Silent alarm, Licensed security guard at night (6:00 p.m. to closing) (Licensing through Department of Agriculture), Transparency of windows for law enforcement.

Community Development Department Internet Cafes - Background Code of Ordinance Amendment Penalties Civil penalties not to exceed $500/violation Each day the violation exists shall constitute separate violation

Community Development Department ELECTRONIC GAME PROMOTIONS (Internet Cafes) Proposed Land Development Code Amendment

Community Development Department Internet Cafes Land Development Code (LDC) amendments –Definitions: –“Electronic Game Promotions” a sweepstakes or other game promotion which utilizes Electronic Equipment … in connection with the sale of a consumer product or service. –“Electronic Equipment” electronic device … used or adapted for use to conduct, or reveal the results of, a drawing by chance conducted in connection with the sale of a consumer product or service … that displays results by simulating a game or games ordinarily played on a slot machine or other similar games of chance. –.

Community Development Department Internet Cafes Land Development Code (LDC) amendments –Creates exemption for De Minimis Activity Establishment: operated by an organization exempt from federal taxation under Section 501 (c) of the Internal Revenue Code, and with five (5) or fewer electronic or mechanical devices

Community Development Department Internet Cafes Land Development Code (LDC) amendments –Zoning Districts Prohibit in COM-1, Special Exception in COM-2 (Existing Uses “grandfathered” for Special Exception Use), Permit (As-of-right) in COM-3, and MPD (Part of Development Agreement) –Distance Separation 1,000 feet from churches, parks, and/or schools Measured property line to property line

Community Development Department Master Planned Development (MPD) Zoning Districts State Road 100 MPD – Development Agreement allows use in COM-2. Internet Cafes permitted as Special Exception. Separation requirements may limit location of Internet Cafes on this property. Internet Cafes Permitted in MPD District per Development Agreement

Community Development Department Internet Cafes Land Development Code (LDC) amendments –Parking Standard 1 space/4 terminals for stand-alone operations

Community Development Department Existing Cafes with 1,000’ Separation Requirements Along Palm Coast Parkway Palm Harbor Parkway Flagler Plaza 1,000 ft. radius around church, school, or public park 500 ft. radius around “café”

Community Development Department Internet Cafes-Background - Non-conforming with proposed regulations. *Incidents include: Abandoned Vehicle, Alarm-Commercial Burglar, Disturbance (Verbal or Physical), Indecent Exposure, Intoxication, Suspicious Vehicle, Person, or Incident. NameAddress # of terminals Operating Hours (Generally) Sheriff’s Incident Report* Zoning Within 1000’ of following : School Public ParkChurch EZ Café 1755 Palm Harbor Parkway Unit A24 10 a.m. to 12 a.m. 2COM Palm Coast Internet Café160 Cypress Point Pkwy a.m. to 12 a.m.0COM-2 - Lucky Day Sweepstakes108 Flagler Plaza75 10 a.m. to 11 p.m. 1COM-2 -- Neptune Internet Sweepstakes 1499 Palm Coast Pkwy NW, Suite C30 0COM-2 - Thunderbird Internet Café (Winn Dixie Shopping Center) 1274 Palm Coast Parkway SW40 10 a.m. to 12 or 2 a.m. 2 COM-2 - Copacabana Internet Café 1000 Palm Coast Parkway SW Unit COM-2 - Sunny Day Internet Café 15 Cypress Branch Way Suite to 12 or 2 a.m. 0COM-2 - Allied Veterans of the World50 Plaza Drive Suite hours1COM The Lucky Palm 300 Palm Coast Parkway Suite p.m. to 10 p.m.0COM-2 ---

Community Development Department Internet Cafes - Recommendation Staff Recommends that the PLDRB recommend Approval to the City Council of the Proposed Amendments to the Land Development Code.